Written by attorneys · grounded in primary & secondary sources — see below
3 senses
1
A physical movement into or onto a place or structure. The action occurs when any part of the body or an instrument used to commit a crime crosses the threshold.
2
A formal placement of a matter before a court or onto the official record. The action records a plea, judgment, or other procedural step.
Sense 1
1
Sense 1
A physical movement into or onto a place or structure. The action occurs when any part of the body or an instrument used to commit a crime crosses the threshold.
Sources & Authorities· 2 primary sources
Select any source to read its text and confirm it supports the definition.
Common Law
Sense 2
2
Sense 2
A formal placement of a matter before a court or onto the official record. The action records a plea, judgment, or other procedural step.
Sources & Authorities· 1 primary source
Select any source to read its text and confirm it supports the definition.
Federal Rules
Examples
Sense 3
3
Sense 3
The act of becoming a party to an agreement or transaction. The action creates binding obligations or terminates an existing power.
Sources & Authorities· 2 sources
Select any source to read its text and confirm it supports the definition.
The act of becoming a party to an agreement or transaction. The action creates binding obligations or terminates an existing power.
Each sense below has its own examples, sources, and questions.
Examples2
Minimal Force Opens Door
Eileen Epstein approached the closed but unlocked back door of a neighbor's cabin at night. She turned the knob and pushed the door inward several inches so that her arm could reach inside to unlock a window latch. The entry element of burglary is satisfied because the slight force used to open the door allowed part of her body to cross the threshold.
Licensed Entry Bars Charge
Elijah Edwards walked through the open front door of a retail store during business hours carrying a concealed intent to shoplift. Because the premises were open to the public, the entry element required for burglary is absent even though he formed a criminal purpose inside.
Frequently Asked3
What constitutes an entry for burglary purposes?+
Any part of the defendant's body crossing the threshold satisfies the entry element. Insertion of a tool also counts when used to commit the intended felony rather than merely to gain access.
Supporting sources
Does consent eliminate the entry element?+
Consent that is freely given prevents the entry from constituting a trespass. Consent obtained by fraud or threats does not prevent liability and may instead support a finding of constructive breaking.
Supporting sources
When must the intent to commit a felony exist?+
The defendant must possess the intent to commit a felony at the precise moment of entry. Formation of that intent only after entry has occurred defeats the burglary charge.
Supporting sources
1
Revenue Bill Presented
Eva Espinosa, a House member, introduced a tax bill that passed both chambers. The bill was presented to the President, who returned it with objections that the House journal recorded. The constitutional process of entry into law was completed when two-thirds of each house voted to override.
Examples3
Client Decides Settlement
Elena Estrada instructed her lawyer to reject a settlement offer in her contract dispute. The lawyer nevertheless signed the agreement on her behalf. The client's decision controls, so the purported settlement does not bind her.
Apparent Authority Liability
Emmett Egan allowed his name to appear on company letterhead as a principal. A supplier relied on that appearance and shipped goods on credit. Egan is subject to liability for the resulting obligation even though he never actually authorized the transaction.
Revocation Terminates Power
Ewan Eckhart mailed a signed offer to sell land. Before the offeree responded, Ewan sent a letter stating he would not sell. The offeree's power to accept ended upon receipt of the revocation letter.
Frequently Asked1
How is entry into a contract terminated?+
Receipt of a clear manifestation that the offeror will not proceed ends the offeree's power of acceptance. The termination is effective upon receipt regardless of whether the offeree has begun performance.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…termination of her 1970 pregnancy has not rendered her case moot. B. Dr. Hallford. The doctor's position is different. He entered Roe's litigation as a plaintiff-intervenor, alleging in his complaint that he: "[I]n the past has been arrested for violating the Texas Abortion Laws and at the present time stands…